Prosecution Insights
Last updated: August 15, 2026
Application No. 18/418,013

NON-RETURN VALVE, VIBRATION DAMPER HAVING SUCH A NON-RETURN VALVE, AND USE OF SUCH A NON-RETURN VALVE

Final Rejection §102
Filed
Jan 19, 2024
Priority
Jan 23, 2023 — DE 10 2023 101 557.5
Examiner
SAHNI, VISHAL R
Art Unit
3616
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
thyssenkrupp AG
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
750 granted / 994 resolved
+23.5% vs TC avg
Strong +20% interview lift
Without
With
+19.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
34 currently pending
Career history
1027
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
41.3%
+1.3% vs TC avg
§102
31.0%
-9.0% vs TC avg
§112
25.5%
-14.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 994 resolved cases

Office Action

§102
DETAILED ACTION The Amendment filed 06/22/26 has been entered. Claims 1-14 and 17-18 are currently pending. In light of the claim amendments, the previous 112, 102 and 103 rejections are withdrawn. However, a revised 102 rejection of the claims are detailed below. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Mizuno Claim(s) 1-14 and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mizuno (U.S. Patent No. 9,777,790). Mizuno is directed to a shock absorber. See Abstract. Claim 1: Mizuno discloses a non-return valve (12) for a vibration damper [see Figs. 2, 3] comprising: a valve body (3) having at first control edge (20) and a second control edge (19) which are offset from one another in terms of height and a flow channel formed between the first and second control edges; a cover disc (28 next to 26), which covers the flow channel in a shut-off state of the non-return valve; a bypass disc (24) is arranged between the cover disc and the first and second control edges, wherein the bypass disc has a bypass channel (18) which forms a passage to the flow channel in the shut-off state of the non-return valve [see col. 3, lines 47-53 (constantly communicating” the chambers)], wherein the bypass disc is annular and the bypass channel is formed radially on the inside and/or radially on the outside of the bypass disc, and at least one spring element (bottom 28) lying against the cover disc, wherein the spring element elastically deforms the cover disc from the first control edge in such a way that the cover disc lies sealingly against the second control edge. See Fig. 2. Claim 2: Mizuno discloses that the valve body includes an inwardly recessed bottom surface, from which the control edges rise. See Figs. 2, 3. Claim 3: Mizuno discloses that the first control edge projects above the second control edge proceeding from the bottom surface, wherein the first control edge is formed radially on the inside or radially on the outside of the second control edge. See Figs. 2, 3. Claim 4: Mizuno discloses that the valve body has at least one central through-opening (10, 11) for the fluid, wherein the control edges annularly encircle the through-opening. See Figs. 2, 3. Claim 5: Mizuno discloses that the valve body has a recess in which the cover disc and the spring element are arranged, and the control edges (19, 20, 21) project into the recess. See Figs. 2, 3. Claim 6: Mizuno discloses at least one insert element (30) is arranged in the recess and forms a counter-bearing for the spring element. See Figs. 2, 3. Claim 7: Mizuno discloses that the valve body includes at least one first sealing region (at 19), which encircles the recess and is intended to provide sealing with respect to a mating piece (24). See Fig. 2 (or 21 and 30). Claim 8: Mizuno discloses that the valve body includes at least one collar (19 or 21), which is arranged on a circumference of the valve body and at least partially extends in the circumferential direction. See Fig. 2. Claim 9: Mizuno discloses that the valve body includes at least one elevation (21), in particular a support ridge, which is arranged between the control edges, wherein the elevation delimits a deformation travel of the cover disc. See Fig. 2. Claim 10: Mizuno discloses that the elevation rises from the second control edge towards the first control edge, wherein the elevation extends below a reference line (R) which connects the highest points of the control edges. See Fig. 2. Claim 11: Mizuno discloses that the valve body includes at least one extension (21), which extends along a centre axis (M) of the valve body and at the longitudinal end of which at least one second sealing region is formed. See Fig. 2. Claim 12: Mizuno discloses that the spring element lies against a surface of the cover disc that is situated opposite the control edges, wherein the spring element introduces its spring force (FF) radially inwardly, radially outwardly and/or radially centrally into the cover disc. See Fig. 2. Claim 13: Mizuno discloses that the spring element comprises a frustoconical spring, a barrel spring, a cylindrical spring and/or a plate spring. See Figs. 2, 3. Claim 14: Mizuno discloses that the cover disc includes a flat or frustoconical form in the non-deformed state. See Figs. 2, 3. Claim 17: Mizuno discloses a vibration damper [Fig. 1] comprising: a non-return valve of claim 1, wherein the non-return valve is arranged between at least two piston working chambers (2A, 2B) of the vibration damper and, during a compression stage and/or a rebound stage, fluidically connects the two piston working chambers to one another or shuts them off from one another. See Fig. 1. Claim 18: Mizuno discloses a system for using a non-return valve of claim 1 comprising: an adjusting valve, at least one base valve, at least one rectifying valve arrangement and/or at least one valve flange (13), in combination with the non-return valve. See Fig. 1. Response to Arguments Applicant’s arguments with respect to claim(s) 1-14 and 17-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL R SAHNI whose telephone number is (571)270-3838. The examiner can normally be reached M-F 7am-3pm PST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. VISHAL SAHNI Primary Examiner Art Unit 3657 /VISHAL R SAHNI/Primary Examiner, Art Unit 3616 July 21, 2026
Read full office action

Prosecution Timeline

Jan 19, 2024
Application Filed
Mar 26, 2026
Non-Final Rejection mailed — §102
Jun 22, 2026
Response Filed
Jul 23, 2026
Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
76%
Grant Probability
95%
With Interview (+19.5%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 994 resolved cases by this examiner. Grant probability derived from career allowance rate.

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